scholarly journals Z rodowodu klasycznego prawa naturalnego

2019 ◽  
pp. 9-27
Author(s):  
Aleksandra Szadok-Bratuń ◽  
Marek Bratuń
Keyword(s):  
Natural Law ◽  
Historical Review ◽  
Ancient Greece ◽  
Law Of Nature ◽  
Positive Law ◽  
The Law ◽  
Almost All ◽  
Relationship Of ◽  
The Relationship ◽  
The Ideal

The issue of natural law has been mentioned by almost all philosophers of law, from the classical ones of ancient Greece to contemporary postmodernists, and is presented in various ways. In compliance with Cicero’s observation that “history is the herald of the future” we have attempted to go back to the sources and to start our considerations ab ovo. The historical review does not address systematically the issue discussed here, and only serves to properly explain what natural law in a classical reflection of ius naturale is. Therefore, our approach to the classical natural law has been narrowed down to three selected sophists, Socrates, Plato and Aristotle, and their views of ius naturale in opposition to ius positivum have been briefly outlined. The article consists of two parts: the first one entitled From Heraclitus to Socrates and the second entitled From Plato to Aristotle. The first part presents sophists’ views on the law of nature. It is worth noting that sophists did not analyse the essence of the law of nature; they were primarily interested in the relationship of the law of nature to positive law. Thus Socrates, by deriving the existence of universal and unchanging laws from human nature, gave birth to the doctrine of natural law with unchanging content. The second part contains the views of Plato and Aristotle on the question of the law of nature. Plato is considered to have discovered the ideal trend of natural law, although in his dialogues the term “law of nature” is not found. It was the theory of Plato’s ideas that became the model for the concept of lex aeterna as an arrangement of divine ideas. Whereas, Aristotle distinguished two types of good that law puts before man, and accepts them as the basis for the dichotomous division of laws. He described good that is indifferent to man, which due to specific circumstances becomes the object of his desire, as positive law. Good that is closely related to the nature of man, which is always and everywhere the object of his desire, is good indicating the natural law.

The Law of Nature

2021 ◽  
pp. 11-45
Author(s):  
Stuart Banner
Keyword(s):  
Legal System ◽  
Natural Law ◽  
Legal Education ◽  
Law Of Nature ◽  
Positive Law ◽  
Scientific Laws ◽  
The Law

This chapter explores how natural law worked in the legal system of the 18th and 19th centuries. It discusses how lawyers believed natural law could be discerned, how natural law related to positive law, why natural law seemed so plausible, how natural law figured in legal education, and how natural law was used in practice. Natural law was understood to consist of general principles found in nature, like the principles we call “scientific” laws today. They formed a backdrop against which positive law was enacted and interpreted. These general principles guided courts’ decisions where positive law did not yield a clear answer.

Corporate Social Responsibility and Government: The Role of Discretion for Engagement with Public Policy

2021 ◽  
pp. 1-29
Author(s):  
Jette Steen Knudsen ◽  
Jeremy Moon
Keyword(s):  
Public Policy ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Integrated Framework ◽  
The Law ◽  
Corporate Social ◽  
Relationship Of ◽  
The Relationship

We investigate the relationship of corporate social responsibility (CSR) (often assumed to reflect corporate voluntarism) and government (often assumed to reflect coercion). We distinguish two broad perspectives on the CSR and government relationship: the dichotomous (i.e., government and CSR are / should be independent of one another) and the related (i.e., government and CSR are / should be interconnected). Using typologies of CSR public policy and of CSR and the law, we present an integrated framework for corporate discretion for engagement with public policy for CSR. We make four related contributions. First, we explain the dichotomous and the related perspectives with reference to their various assumptions and analyses. Second, we demonstrate that public policy for CSR and corporate discretion coexist and interact. Specifically, we show, third, that public policy for CSR can inform and stimulate corporate discretion and, fourth, that corporations have discretion for CSR, particularly as to how corporations engage with such policy.

scholarly journals Autonomy and Attachment in Relationships with Parents in the Context of Students’ Real Self-Determination

2021 ◽  
Vol 12 (1) ◽  
pp. 113-125
Author(s):  
D.A. Krasilo ◽  
T.A. Krassilo ◽  
A.N. Zalipaeva
Keyword(s):  
Inverse Relationship ◽  
Self Determination ◽  
Education Environment ◽  
Cognitive Autonomy ◽  
Positive Correlations ◽  
Almost All ◽  
Relationship Of ◽  
Real Self ◽  
The Relationship

Objectives. Studying the relationship of autonomy and attachment in relationships with parents with real self-determination in students. Background. The growing world globalization, intercultural contradictions, confrontation within society seriously complicate the path of self-determination of modern youth. At the same time, due to technical progress and digitalization of the communication and education environment, there are significant transformations in the interaction of people in almost all spheres, including in the family. Therefore, the question of studying the most important aspects in the relationship of young people with their parents for real self-determination is especially acute. Study design. The work studied the indicators of real self-determination, attachment to parents and autonomy among students. The presence of a relationship between these parameters was established by calculating the Spearman correlation coefficient. Participants. 60 college students aged 18 to 21. Measurements. Methodology “Scale of adult attachment for close relationships”; autonomy questionnaire (authors O.A. Karabanova and N.N. Poskrebysheva); questionnaire “ORS” (author D.A. Krasilo). Results. An inverse relationship of indicators of real self-determination of students with the level of intimacy and the level of anxiety (scales of attachment to parents) was established. A direct relationship was revealed between the indicators of real self-determination and the level of autonomy. Conclusions. Proximity and anxiety (components of attachment) have a significant inverse relationship with the level of real self-determination in students. There are no significant connections between reliability (a component of attachment) and real self-determination in the sample under study. Emotional autonomy, cognitive autonomy, behavioral autonomy, and value autonomy have significant positive correlations with the level of real self-determination in students.

scholarly journals Fact Finding and the World Court

1969 ◽  
Vol 7 ◽  
pp. 150-191
Author(s):  
W. F. Foster
Keyword(s):  
State Sovereignty ◽  
The World ◽  
International Tribunals ◽  
The Law ◽  
International Adjudication ◽  
Fact Finding ◽  
Relationship Of ◽  
The Relationship

The relationship of state sovereignty and the jurisdiction of international tribunals presents one of the main problems in the law of international adjudication. Submission to the jurisdiction of a tribunal implies a partial surrender of sovereignty. The extent of the surrender may be said to be proportionate to the degree of discretion open to the tribunal concerned when deciding a case submitted to it. The present study will deal with an important aspect of this judicial freedom of determination, namely, the extent to which the World Court can seek to discover the facts and circumstances of a dispute independently of the evidence and information brought before it voluntarily by the parties.

Australian Applied Linguistics in relation to international trends

2010 ◽  
Vol 33 (1) ◽  
pp. 4.1-4.32 ◽  
Author(s):  
Richard B. Baldauf ◽  
Robert B. Kaplan
Keyword(s):  
Text Analysis ◽  
International Association ◽  
Applied Linguistics ◽  
Historical Review ◽  
International Trends ◽  
Diverse Field ◽  
Wide Range ◽  
The World ◽  
Relationship Of ◽  
The Relationship

Applied Linguistics is a diverse field, comprising a substantial number of sub-fields, sub-specialisations and related fields. To see that this is the case one need only examine the various hand- books and encyclopaedic references that have been published in the last ten years to see the wide range of topics that have been covered. As with many professional areas in academia, Applied Linguistics is organised around national organisations, with its international structure being a loose confederation known as the International Association of Applied Linguistics (AILA). Given these diverse academic and structural arrangements, it should not be surprising if academics within different national associations were to cluster around different interests within the field. This study explores the question of what emphases are found in various parts of the world in Applied Linguistics, and in particular, the relationship of Australian Applied Linguistics to international trends using a structural text analysis of abstracts related to Applied Linguistics as well as an historical review of the trends involved.

competency in a narrow field of practical legal method and practical reason. Then, a philosophical argument will be appreciated, considered, evaluated and either accepted or rejected. This is not a theoretical text designed to discuss in detail the importance of a range of legal doctrines such as precedent and the crucial importance of case authority. Other texts deal with these pivotal matters and students must also carefully study these. Further, this is not a book that critiques itself or engages in a post-modern reminder that what we know and see is only a chosen, constructed fragment of what may be the truth. Although self-critique is a valid enterprise, a fragmentary understanding of ‘the whole’ is all that can ever be grasped. This is a ‘how to do’ text; a practical manual. As such, it concerns itself primarily with the issues set out below: How to … (a) develop an awareness of the importance of understanding the influence and power of language; (b) read and understand texts talking about the law; (c) read and understand texts of law (law cases; legislation (in the form of primary legislation or secondary, statutory instruments, bye-laws, etc), European Community legislation (in the form of regulations, directives)); (d) identify, construct and evaluate legal arguments; (e) use texts about the law and texts of the law to construct arguments to produce plausible solutions to problems (real or hypothetical, in the form of essays, case studies, questions, practical problems); (f) make comprehensible the interrelationships between cases and statutes, disputes and legal rules, primary and secondary texts; (g) search for intertextual pathways to lay bare the first steps in argument identification; (h) identify the relationship of the text being read to those texts produced before or after it; (i) write legal essays and answer problem questions; (j) deal with European influence on English law. The chapters are intended to be read, initially, in order as material in earlier chapters will be used to reinforce points made later. Indeed, all the chapters are leading to the final two chapters which concentrate on piecing together a range of skills and offering solutions to legal problems. See Figure 1.1, below, which details the structure of the book. There is often more than one solution to a legal problem. Judges make choices when attempting to apply the law. The study of law is about critiquing the choices made, as well as critiquing the rules themselves. However, individual chapters can also be looked at in isolation by readers seeking to understand specific issues such as how to read a law report (Chapter 4) or how to begin to construct an argument (Chapter 7). The material in this book has been used by access to law students, LLB students and at Masters level to explain and reinforce connections between texts in the construction of argument to non-law students beginning study of law subjects.

2012 ◽  
pp. 16-16
Keyword(s):  
European Community ◽  
Law Students ◽  
Philosophical Argument ◽  
Crucial Importance ◽  
Legal Rules ◽  
Legal Method ◽  
Legal Problems ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

Professionalism and Ethics in Chemistry

2018 ◽  
Author(s):  
Jeffrey Kovac
Keyword(s):  
Professional Ethics ◽  
Ethical Theory ◽  
Common Morality ◽  
Moral Ideal ◽  
Legal Ethics ◽  
Standards Of Conduct ◽  
Special Rules ◽  
Relationship Of ◽  
The Relationship ◽  
The Ideal

Common morality and ethical theory are universal. Not only do they provide the standards of conduct that we expect all rational persons to follow, but also they provide the basis for professional ethics, the special rules of conduct adhered to by those engaged in pursuits ordinarily called professions, such as law, medicine, engineering, and science. Although common morality and ethical theory are general, professional ethics is specific. Legal ethics applies only to lawyers (and no one else); scientific ethics applies only to scientists. Professional ethics is consistent with common morality, but goes beyond it. Professional ethics governs the interactions among professionals, and between professionals and society (Callahan 1988). In many cases, it requires a higher standard of conduct than is expected of those outside the profession, but the norms of professional ethics must be consistent with common morality. To understand professional ethics, it is necessary to understand the concept of a profession (Davis 1998). A profession is more than a group of people engaged in a common occupation for which they are paid. While there are a variety of ways to define a profession, I use a social contract approach, which I have found to be most useful in my thinking about professional ethics. In this view, a profession derives from two bargains or contracts: one internal and one external. The internal bargain governs the interactions among members of the profession while the external bargain defines the relationship of the profession to society. Both, however, are based on a moral ideal of service around which the profession is organized (Davis 1987). For lawyers, the ideal is justice under law. For physicians, the ideal is curing the sick, protecting patients from disease, and easing the pain of the dying. As Michael Davis has argued, these moral ideals go beyond the demands of ordinary morality, the requirements of law, and the pressures of the market. Using a moral ideal as the fundamental basis of the profession comes from the old- fashioned idea of a profession as a calling.

Why Does Intimate Deception Work?

2019 ◽  
pp. 49-76
Author(s):  
Jill Elaine Hasday
Keyword(s):  
Social Norms ◽  
Privacy And Security ◽  
The Law ◽  
Almost All ◽  
The Relationship

This chapter considers why deceivers often succeed in duping their intimates. Judges frequently blame deceived intimates for having been fooled, but detecting intimate deception can be very difficult. First, almost all of us have much less ability to spot deception than we may like to imagine. Second, powerful social norms discourage the investigation of intimates. Third, it is often difficult or impossible to mount an investigation without the investigation itself jeopardizing or ending the relationship because the investigated person finds out about it. Practical realities often preclude reconnaissance without the subject’s knowledge. Moreover, the law prohibits—for legitimate and important reasons—many forms of research into someone else’s life without the subject’s consent. It is deeply ironic for courts to fault plaintiffs for not swiftly uncovering intimate deception when laws protecting privacy and security make investigating a potentially deceptive intimate without that intimate’s consent much more difficult.

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